Florida District Courts of Appeal, 1983

Gordon v. Department of Professional Regulation, Board of Medical Examiners

Florida District Courts of Appeal · Decided May 17, 1983 · Booth, Smith, Wigginton

433 So. 2d 995; 1983 Fla. App. LEXIS 20734 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

We find the evidence of record sufficient to support the revocation of appellant’s license without a determination as to whether the appellant’s Swiss convictions constituted a felony under Florida law.1 *996Section 458.1201(l)(c), Florida Statutes (1971). Accordingly, the order of the Department is AFFIRMED.

ROBERT P. SMITH, Jr., C.J., and BOOTH and WIGGINTON, JJ., concur.

. The transcript of proceedings and judgment of a Swiss criminal court, which were in French, were introduced into evidence with appellant’s counsel waiving objection thereto. The only translation furnished by the Department was of the names of the crimes of which appellant was convicted. Although it appears from a review of the entire record, including the Swiss documents, that appellant was less than candid before the hearing officer in describing his Swiss convictions, in the absence of an official translation of record, this court cannot take judicial notice that the conduct which led to those convictions would, if committed in Florida, have constituted a felony, as *996required by Section 458.1201(l)(b), Florida Statutes.

070rehearing

ON MOTION FOR REHEARING AND/OR CLARIFICATION

PER CURIAM.

We affirm the Board’s determination in all respects, save as to Count I that a violation of Section 458.1201(l)(c), Florida Statutes (1971 ),1 was proved, and as to that point, we find it unnecessary to determine whether or not the Swiss convictions constituted felonies, as previously stated. We find it unnecessary to remand to the Board for reconsideration of the penalty to be imposed in view of the sufficiency of the evidence as previously stated and of the Board’s judgment, in pertinent part, as follows:

Ordered and adjudged that the license to practice medicine in the State of Florida of Edward Gordon, M.D., be and hereby is revoked on each count to run concurrent with each other, (emphasis supplied)

Accordingly, the prior opinion is clarified and petition for rehearing denied.

ROBERT P. SMITH, Jr., C.J, and BOOTH and WIGGINTON, JJ., concur.

. Section 458.1201(l)(c), Florida Statutes (1971), provides that:

(1) The board shall have authority to deny an application for a license or to discipline a physician licensed under this chapter or any antecedent law who, after hearing has been adjudged unqualified or guilty of any of the following:

(c) Being convicted of a felony in the courts of this state or any other state, territory, or country. Conviction as used in this paragraph shall include a conviction of an offense which if committed in this state would be deemed a felony without regard to its designation elsewhere, or a criminal proceeding in which a finding or verdict of guilt is made or returned but the adjudication of guilt is either withheld or not entered thereon.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.